IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 378 of 2010(S)
1. SHYLAJA,W/O.SUNDARESWARAN,
... Petitioner
Vs
1. THE DISTRICT SUPERINTENDENT OF POLICE,
... Respondent
2. THE SUB INSPECTOR OF POLICE,PARAVUR
3. SYMALAL,S/O.RAVI,KUZHIYIL PUTHEN VEEDU,
4. RAVI,KUZHIYIL PUTHEN VEEDU,
For Petitioner :SRI.C.RAJENDRAN
For Respondent :SRI.B.S.SURESH (CHIRAKKARA)
The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :18/10/2010
O R D E R
R. BASANT &
M.L. JOSEPH FRANCIS, JJ.
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W.P.(Crl).No. 378 of 2010 S
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Dated this the 4th day of October, 2010
O R D E R
The petitioner has come to this Court with this petition for issue
of a writ of Habeas Corpus to search for, trace and produce Suja Sunder,
her daughter aged 17 years (date of birth 27.8.1993). According to the
petitioner, her husband, (father of the alleged detenue) is employed
abroad. The petitioner is residing along with her two children – the
alleged detenue and her younger sister. The alleged detenue was found
missing from 22.9.2010. A crime was registered by the Paravoor
Police. But the police did not trace the alleged detenue. It is in these
circumstances that the petitioner came to this Court with this petition on
27.9.2010.
2. This petition was admitted on 28.9.2010. Notice was ordered
to the respondents. Today when the case is called, the petitioner along
with her husband has come to Court. She is represented by her counsel.
Respondents 3 and 4 have come to Court. They are represented by their
counsel.
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3. As the alleged detenue comes to Court along with/in the
custody of respondents 3 and 4, we permitted the alleged detenue to
remain alone in the Chamber. We permitted the petitioner and her
husband, the parents of the alleged detenue, to interact with her.
During the pre-lunch sessions the alleged detenue and her parents were
permitted to so interact. After the lunch recess we interact with the
alleged detenue alone initially and later in the presence of her parents.
Subsequently we interact with respondent No.3 and the alleged
detenue.
4. Counsel for the petitioner, counsel for respondents 3 and 4
and learned Government Pleader were also present.
5. The alleged detenue and the third respondent submit before us
that they are in love. They want to get married. The parents of the
third respondent are willing to accept the relationship. The parents of
the alleged detenue are however not willing to accept the relationship
now. The alleged detenue is still a minor. Till the age of 18 years she
cannot get married. The parents of the alleged detenue agree that till
the alleged detenue attains the age of 18 years she shall not be given in
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marriage to any one. They further undertake that even thereafter she
will not be given away in marriage to anyone without her full consent.
The parents of the alleged detenue pray that they may be permitted to
take the alleged detenue with them.
6. We tried our best to persuade the parties to come to harmony
and agreement. We are happy to note that there is agreement between
the parties. Accordingly the parties agree and we issue the following
directions.
i) The alleged detenue shall today return from Court along with
her parents.
ii) The alleged detenue shall be accommodated by her parents at
the house of her maternal grandmother at Thonippara. The parents of
the alleged detenue undertake that the alleged detenue shall not be
accused, harassed, tormented or physically belaboured for the
indiscretion committed by her in going with the third respondent
during her minority.
iii) The parents of the alleged detenne shall be at liberty to
advise, counsel and guide the alleged detenue. She shall be brought
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again to this Court on 18.10.2010. On that day appropriate further
directions shall be issued. On that day the parents of the alleged
detenue shall file a joint affidavit of undertaking incorporating the
undertakings referred above. Call on 18.10.2010.
(R.BASANT)
Judge
(M.L. JOSEPH FRANCIS)
Judge
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